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Post Archive - October 2019

Post Archive - October 2019

Individuals and small businesses protected against unfair contract terms
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Individuals and small businesses protected against unfair contract terms

The ACL is found in Commonwealth legislation and also applies as a law of Western Australia by operation of the Fair Trading Act 2010 (WA). This article by David McMullen outlines what constitutes an unfair contract term, who the laws apply to and what happens if a contract term is unfair. Please click on the image below to download the article originally published in the Australian Dental Association WA Branch's Western Articulator....

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Panetta McGrath Lawyers and Bentleys (WA) share insights on the new Standard 8 in aged care
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Panetta McGrath Lawyers and Bentleys (WA) share insights on the new Standard 8 in aged care

David McMullen from Panetta McGrath and Chris Nicoloff from Bentleys (WA) teamed up this week to present a multidisciplinary discussion centering on the new Standard 8 - Organisational Governance. The session was well represented by members of the aged care sector. We share observations and key themes from the presentation and audience below. Observations and key themes  Standard 8 is new....

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Interim Code of Practice for Retirement Villages (No. 2) 2019
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Interim Code of Practice for Retirement Villages (No. 2) 2019

What is the RV Code? The retirement village industry in WA will be familiar with predecessors to the ‘new’ RV Code. Except for the title, the RV Code is in fact the same as the interim code of practice before it (and several before that) – with the immediate predecessor expiring on 30 September 2019. The RV Code is prescribed under the Fair Trading Act 2010 (WA). In short, it ...

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Are you a health care practice looking to review or renew a lease?

You should consider these factors when looking to lease new premises or when a lease of existing premises is up for renewal. For some top tips, please click on the image below to download a full copy of David McMullen's article originally published in the Australian Dental Association WA Branch’s Western Articulator. In addition to dentists this article may be relevant to other health practices....

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Heparin injection causing nerve injury sounds in damages of $250K

On 11 August 2014, the Plaintiff underwent an abdominoplasty (tummy tuck) and subsequently required subcutaneous injections of heparin twice daily. The first heparin injection was administered by a female nurse who “pinched” the Plaintiff’s left thigh and administered the injection beneath the skin with no pain and no complications. The second heparin injection was administered by a male nurse later that same day....

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Chiropractor reprimanded and fined $7,500 for failing to comply with CPD and first aid requirements and attempting to deceive the regulator

The Victorian Civil and Administrative Tribunal (“Tribunal”) found that the Practitioner behaved in a way that constitutes professional misconduct after he: declared on five occasions when applying to renew his registration that he had met the Continuing Professional Development (CPD) requirements when he had not;, declared on four occasions when applying to renew his registration ...

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Radiographer's indecent assault leads to criminal conviction and disqualification

In March 2017, Patient A was admitted to hospital reporting difficulty breathing and chest pain. While alone in the X-ray room with Patient A, after making inappropriate comments about her breasts, the radiographer touched and squeezed Patient A’s right breast for about three seconds. The radiographer was stood down from his position the following day. In August 2017, after pleading guilty, ...

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Court of Appeal gives guidance on operation of s.5PB

The respondent suffered further injury as a consequence of having developed Acute Respiratory Distress Syndrome (ARDS). The ARDS in turn caused the respondent to suffer cardiac arrest, multi-organ failure and other injuries. Whilst the appeal challenged a number of factual findings made in the District Court decision, it also challenged the trial judge’s construction of s.5PB of the Civil Liability Act....

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